SPC and SPP Issue New Criminal Liability Standards for IP Crimes

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clpstaff &clp articles

A long-awaited judicial interpretation has set out criteria for determining whether criminal prosecution should be pursued in intellectual property cases.

By Joseph Simone, Partner, Baker & McKenzie

Responding to international criticism over the lack of deterrence from its existing anti-counterfeiting regime, Deputy Premier Wu Yi agreed with the US government in April 2004 to ensure that a new judicial interpretation on IP crimes would be issued by the end of the year. The Supreme People's Court (SPC) and the Supreme People's Procuratorate (SPP) have finally issued this new interpretation, and it entered into effect on December 22 2004.

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